The Panel finds that the disputed domain name “mountgayrum.mobi “ is confusingly similar to the Complainant’s “Mount Gay” trademark since the element “rum” is not distinctive for rum as an alcoholic beverage. The Complainant contends that the Respondent is not making a legitimate non-commercial or fair use of the disputed domain name, and is not commonly known under the disputed domain names.
In lack of any response from the Respondent, or any other information indicating the contrary, the Panel concludes that the Respondent has no rights or legitimate interests in respect of the disputed domain name.
The Complainant also proved that the Respondent, inter alia, is using the disputed domain on a website advertising goods covered by Complainant´s trademarks and is therefore intentionally attempting to attract, for commercial gain, Internet users to his website by creating a likelihood of confusion with Complainant´s trademark.
The Panel accordingly finds that the disputed domain name was registered and is used in bad faith in accordance with paragraph 4 (a) (iii) of the Policy.
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